LEAGUE
Terms of Service
Effective starting: January 1, 2025 (view archived versions)
Welcome to League!
League, Inc., by itself and through its affiliates, partners, and subcontractors (“we”, “us”, “our”, “League”, “League Team”), is a supplier of digital health and wellness solutions. Think of us as the front door to an overall better health experience powered by our customized mobile (iOS, Android) and web applications (collectively, “League Platform”, “Platform”).
These terms of service (“Terms”) are a binding agreement between you and League. All of the features that can be accessed on or through the League Platform (“League Services”, “Services”), and the services offered on or through the League Platform by third-party vendors (“Service Providers”) that we’ve partnered with, are governed by these Terms. You must agree to these Terms in order to access and use the League Platform. If you do not agree with any of these Terms, you should immediately leave this website and may not access or use the League Platform or the League Services.
Your use of the League Platform is also governed by our Privacy Policy, which explains what information we collect about you, how it is processed, used, and stored on the League Platform, and the protections we have in place to ensure that it stays safe. Our Privacy Policy forms an integral part of these Terms.
These Terms represent the entire understanding between League and you regarding use of the League Platform and supersede all prior agreements and understandings regarding the same. In the event of conflict between these Terms and any additional documents posted to our website, these Terms shall be given priority.
PLEASE TAKE THE TIME TO READ THESE TERMS CAREFULLY AND IN ITS ENTIRETY AS IT CONTAINS IMPORTANT INFORMATION AFFECTING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES. THIS INCLUDES CERTAIN LIMITATIONS ON YOUR RIGHTS, TERMS RELATING TO THE USE OF YOUR PERSONAL INFORMATION, LIMITATIONS ON LEAGUE’S LIABILITY TO YOU IN THE EVENT OF LOSS OR INJURY, AND OUR AND YOUR OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IT IS YOUR RESPONSIBILITY TO UNDERSTAND WHAT EACH OF THESE TERMS MEANS AND HOW YOU MAY BE AFFECTED BY THEM.
1. USERS’ RESPONSIBILITIES
Your access and continued use of the League Platform is subject to you agreeing to and undertaking certain responsibilities. You hereby agree to the following:
a) Compliance with these Terms and Laws.
You must at all times comply with these Terms in order for you to continue using the League Platform. You will comply with all applicable federal, state, provincial, and local laws, regulations, and rules when accessing or using the League Platform.
b) Transparency and Honesty.
You agree that any and all information (including personal information) that you provide to us is truthful, accurate, and up to date. We are not responsible for ensuring the accuracy of any information you provide. Any inaccurate information that you provide or fail to correct may negatively affect your experience with the League Platform and we will have no responsibility or liability to you for any consequences resulting from the inaccurate information that you provide.
c) Conduct with Others.
You are solely responsible for your conduct and interactions with other people that access and use the League Platform (“Users”), and with the League Team and our Service Providers. League has no ability to control the actions of Users and will not be liable for the conduct of any User toward any other person on the League Platform. The League Platform is intended to be open and inclusive for everybody. League does not tolerate discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, or any behaviour that is violent or threatening or that promotes violence or actions that are threatening or menacing to any person. We reserve the right to monitor and intervene in any disputes that arise between Users or with any person from the League Team or one of our Service Providers and to take any action we deem necessary to resolve disputes.
d) Age.
You are at least eighteen (18) years of age. You acknowledge and understand that the League Platform is intended only for Users who are at least eighteen (18) years of age and that access to any User who is under eighteen (18) years of age without parental consent is strictly forbidden. We reserve the right to terminate, immediately and without notice, the account of any User that misrepresents their age, or who has not first obtained parental consent, in order to obtain access to the League Platform.
e) Your Content.
You are solely responsible for the data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, sound recordings, works of authorship, applications, links, and other documents or materials (“Personal Content”) that you submit, post, share, use, provide, transmit, or display on the League Platform. All Personal Content that you submit to the League Platform is entirely at your own risk. League will not be responsible or liable should you decide to share Personal Content that either is or contains information that is confidential to you or others, or is thereafter used or shared by other Users of the League Platform or our Service Providers, without your permission or consent, including to outside third parties or social media platforms. You are solely responsible for enforcing any rights you may have in your Personal Content, and acknowledge and agree that your decision to submit any Personal Content to the League Platform does not create a confidential, fiduciary, or any other type of special relationship with League, and does not subject us to any heightened obligations concerning the use or protection of your Personal Content.
f) Your Account.
You are responsible for maintaining the secrecy and integrity of your account logins, passwords, and other sensitive account information at all times. For your protection and benefit, the League Platform offers several tools that allow you to record and securely store information of a sensitive nature. Whether or not you choose to make use of these tools, you remain responsible for taking all reasonable steps to ensure that no unauthorized person is given or gains access to your sign-in name, screen name, account passwords, or other login information. You are not permitted under any circumstances to share or disseminate your sign-in name, screen name, account passwords, or other login information with any other person. If you believe that the security of your account or password is or may have been compromised, you must promptly inform us and request a temporary suspension or deactivation of your account. This request can be made by way of email at help@league.com or through the “Contact Us” link located at the bottom of our homepage and in various places throughout this website.
g) Outside Charges.
You are responsible for all outside charges and fees that you may incur in order to access and use the League Platform, including the cost of internet, cellular, voice, or data (including data roaming) services. You agree that we have no obligation to you to provide refunds, credits, or reimbursements of any kind in respect of these charges incurred by you.
h) Suspension or Termination.
League reserves the right to suspend, disable, restrict, modify, delete, or revoke your account, deny you access to the League Platform or any of the League Services, or take any other action we deem reasonable or appropriate, in our sole and absolute discretion, on either a temporary or permanent basis, and with immediate effect without notice or liability to you, if we believe that you have: (i) violated any of these Terms, (ii) acted in a manner that is inconsistent with any applicable laws, (iii) engaged in any fraud, deceit, abuse, or other misconduct or mischief in connection with the League Platform, or (iv) attempted to deliberately damage or compromise the operation or integrity of any component of the League Platform. You acknowledge and understand that the investigation and enforcement by us of any suspected, reported, or discovered violations of these Terms are within League’s sole discretion, and that we reserve the absolute right to take (or not take) any action against you or other Users. YOU ACKNOWLEDGE AND UNDERSTAND THAT IN THE EVENT OF GROSS, FLAGRANT, OR REPEATED VIOLATIONS OF THESE TERMS, LEAGUE MAY IN ITS DISCRETION REPORT YOU AND RELEASE INFORMATION TO THE RELEVANT CRIMINAL OR INVESTIGATIVE AUTHORITY. IN SUCH CASES, LEAGUE WILL HAVE NO RESPONSIBILITY FOR ANY DECISION OR DISCIPLINARY ACTION TAKEN BY THE RELEVANT AUTHORITY UP TO AND INCLUDING YOUR CIVIL OR CRIMINAL PROSECUTION.
2) PRIVACY AND DATA
League may collect, process, use, and store information that you provide to us or that is generated through your use of the League Platform. In some cases, the information we collect about you may include your personally identifiable information, personal health information, or other non-public information of a sensitive or confidential nature. By accessing and using the League Platform, you understand and are giving your consent to the collection and use of your personal information.
You represent, warrant, and covenant to us that you will only provide information that is personal to you or that you are legally authorized to provide. You will only provide another person’s information to the League Platform if you have received that person’s consent to have their information shared with us.
For additional information on how, and why, we collect, process, and use your personal information to provide you with a better experience on the League Platform, please refer to our Privacy Policy.
3) PLATFORM CONTENT
On the League Platform, you will have the ability to share certain information, content, and materials with the League Team, our Service Providers, and other Users, including posts, submissions, contributions, articles, images, photos, or other content (“Platform Content”). You agree that League is not liable to you for any adverse effect or harm that the Platform Content you access on the League Platform may have on or cause to you or others. Access and use of Platform Content is solely at your own risk.
In some cases, you may be permitted to share certain Platform Content outside of the League Platform, including by uploading onto third party sites, such as social media accounts. It is your responsibility to ensure that you have first obtained the necessary permission to share Platform Content outside of the League Platform. If you have been granted permission to share Platform Content outside of the League Platform, you are responsible for providing any source attributions, authorships, or credits, if applicable, which may be imposed as a condition of sharing.
4) INTELLECTUAL PROPERTY
As between you and League, League owns and retains all rights, title and interest in and to the League Platform, the League Services, and Platform Content, and all privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information, and/or other intellectual property rights (“Intellectual Property Rights”) therein. Nothing in these Terms shall be deemed or construed as a transfer, implied or otherwise, of any of our Intellectual Property Rights from us to you. You will not remove, alter or conceal any copyright, trademark, service mark, or any proprietary rights notices that have been incorporated into any materials provided by League or on the League Platform or League Services. Except in connection with your use of the League Platform or League Services, or as we otherwise permit, you agree not to use, copy, distribute, display, perform publicly, transmit, communicate or make available to the public, broadcast, publish, modify, or create derivative works of such materials.
5) LICENSE AND PERMISSIONS
Your use of the League Platform and League Services will at all times be governed by the following licenses and permissions:
a) Use of Your Personal Content. You hereby grant to League a worldwide, perpetual, non-exclusive, transferrable, sub-licensable, fully paid up, and royalty free right and license to use, copy, distribute, display, publicly perform, modify, and create derivative works of your Personal Content. This license excludes any Personal Content that you share on the League Platform or through the League Services in closed or confidential communications, such as your interactions with any medical practitioners or members of the medical profession. You represent, warrant, and covenant that: (i) you own or otherwise have the right to grant us this license or that the Personal Content is already in the public domain; (ii) any Personal Content you submit, post, use, share, provide, transmit, or display on or through the League Platform does and will not violate, misappropriate, or infringe upon any third party Intellectual Property Rights; (iii) you will pay all royalties, fees, remuneration, and any other monies due or payable that may arise from the use of your Personal Content through the League Platform or League Services; and (iv) you have permission to use the name and likeness of each identifiable individual person in your Personal Content and to use such individual’s personal information. You agree to waive in our favour any moral rights worldwide you have in your Personal Content submitted to the League Platform or League Services.
b) Use of the Platform and Services. League grants to you a limited, non-exclusive, non-transferrable, revocable license to access and use the League Platform, the League Services, and Platform Content solely in accordance with and for the duration of these Terms. This license covers the League Platform, League Services, and Platform Content in their current form as well as any new functionalities or any enhancements or improvements thereto that we may make in the future. You will not rent, lease, lend, sell, resell, transfer, redistribute, sublicense, or otherwise make the League Platform, the League Services, or Platform Content available to any other person. You agree to not copy, decompile, disassemble, attempt to derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the League Platform, the League Services, or Platform Content, or any part thereof.
6) THIRD-PARTY SERVICE PROVIDERS
Certain features or elements of the League Platform are provided to you by our Service Providers and not by us directly. Our Service Providers are third parties that have an arm’s length contractual relationship with League. We have no direct or indirect ability to control or affect the nature or quality of the services that our Service Providers offer, advertise, or provide.
You acknowledge and agree that all of your interactions, communications, use, and receipt of any services offered by our Service Providers are at your own risk. In no circumstances will we have any liability to you for the actions of our Service Providers or of their respective directors, agents, contractors, employees, or personnel. We make no guarantees or assurances that our Service Providers possess and/or will continue to possess the necessary licenses, training, certifications, credentials, and/or insurance coverage required to offer, advertise, or provide their services.
Any services or offerings that you receive from one of our Service Providers are not “League Services” with the meaning of these Terms and are not subject to any of service commitments or other obligations that League and the League Team have made as it relates to the League Services. We may enable or disable access to any services or offerings of our Service Providers, at any time and without notice, in our sole and absolute discretion.
League does not in any way favour or endorse any particular Service Providers, or any of the services that such Service Providers market, advertise, sell, or offer for sale, or deliver on the League Platform, nor any quality, characteristic, or component thereof. Any names or referrals that may be provided to you through the League Platform are provided for informational purposes only and are not to be construed as endorsements of the named individuals or entities. Any services shown or identified to you on the League Platform are suggestions only.
You may be required to agree to additional third-party terms and conditions directly with a Service Provider (“Service Provider Agreements”) in connection with or as a condition of accessing such Service Provider’s services. Under no circumstances will League be a party to any Service Provider Agreements entered into by you and any terms in a Service Provider Agreement that purport to impose legal or contractual obligations upon League are null and void in their entirety. It is your responsibility alone to comply fully with the terms of any Service Provider Agreements that you enter into. League will have no liability for any breach of a Service Provider Agreement by either you or a Service Provider and no obligation to indemnify or provide other support or assistance to you or a Service Provider for any claims that result from or arise in connection with breach of a Service Provider Agreement.
7) INTEGRATED DEVICES
The League Platform may be integrated with, or may otherwise interact with, third-party computer systems, tablets, handsets, mobile and wearable devices, trackers, speakers, earphones, and other equipment and devices (“Integrated Devices”). Your use of Integrated Devices on the League Platform may be subject to additional terms, conditions and policies of the Integrated Device manufacturer or seller. League does not guarantee that any Integrated Device will be compatible with and function completely or properly on the League Platform, nor does League require the use of any particular Integrated Devices to access and use the League Platform or endorse the use of any one Integrated Device over another for any purpose.
League does not control or have the ability to control the operation of any Integrated Devices, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of an Integrated Device you choose to use with the League Platform. You agree that League has no obligation to you arising from or related to your use of an Integrated Device on the League Platform and that we will not be liable to you for any damage or loss caused or alleged to be caused in connection with your use or operation of an Integrated Device or any generated content. If you choose to use any Integrated Devices on the League Platform, you do so at your own risk.
Your use of Integrated Devices on the League Platform may be governed by additional third-party terms and conditions directly with the manufacturer or seller of the Integrated Device (“Third Party Device Agreements”). It is your responsibility to comply fully with the terms of any such Third Party Device Agreements and that League is not a party to any such Third Party Device Agreements. League will not be responsible for your interactions with the manufacturer or seller of your Integrated Device and does not guarantee the safe use of your Integrated Device. All claims you may have in relation to any personal injury, death, property damage, or other related harm or losses you suffer as a result of your use of an Integrated Device are with the manufacturer or seller of the Integrated Device and not with League. With respect to League, your sole and exclusive remedy for any problems or issues with Your Integrated Devices or generated content is to discontinue use of the Integrated Device on the League Platform.
8) PAYMENT PROCESSING
Neither League nor the League Platform processes payments. All payments made to or other transactions you enter into with a Service Provider are with the Service Provider directly or their preferred third-party payment processor (“Payment Processor”). Such transactions may be governed by additional third-party terms and conditions directly between you and the Service Provider or Payment Processor. League has no ability to directly or indirectly control the operations of the Payment Processor, and will not be responsible for any actions that the Payment Processor takes or does not take, or for any of its errors, omissions, negligence, or other conduct. You will resolve any disputes that you have concerning service fees, errors, or amounts wrongfully charged to or debited from your account or credit card directly with the Payment Processor.
9) NO DOCTOR-PATIENT RELATIONSHIP
You acknowledge and agree that your use of the League Platform will in no way create or be construed as forming a doctor-patient relationship, or any other type of medical professional relationship, between you and any person that you interact with on the League Platform, including anyone from the League Team, our Service Providers, or other Users. You agree that you will not use or attempt to use the League Platform for the purpose of obtaining a medical diagnosis, or for obtaining medical treatment or the location of medical assistance in the event of an emergency. IF YOU EXPERIENCE A MEDICAL EMERGENCY AT ANY POINT WHILE USING THE LEAGUE PLATFORM, DIAL YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
Neither League nor the League Platform are a substitute for professional medical diagnosis or services obtained from a qualified and licensed medical practitioner to treat, cure, or prevent any disease or condition. The information, resources, and materials made available to you on the League Platform are for general educational purposes only. If you choose to act on any information obtained from your use of the League Platform, it will be entirely at your own risk and you accept any and all consequences of your decisions. You should always seek the advice of a primary care physician or other qualified medical practitioner concerning your health and medical conditions. We do not intend to interfere with or substitute for your relationship with your primary care physician or other qualified medical practitioner or with the advice they provide to you about your health and medical conditions. You should never forego or delay seeking professional medical advice because of information you obtain or receive from the League Platform or from any person on the League Team.
10) WARRANTY DISCLAIMER
ALL ASPECTS OF THE LEAGUE PLATFORM, INCLUDING BUT NOT LIMITED TO THE LEAGUE SERVICES AND ALL PLATFORM CONTENT AND OTHER INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES THAT ARE ACCESSIBLE ON OR OTHERWISE MADE AVAILABLE TO YOU ON THE LEAGUE PLATFORM, ARE PROVIDED TO YOU ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. LEAGUE DOES NOT WARRANT THAT THE LEAGUE PLATFORM, THE LEAGUE SERVICES, OR ANY SERVICES OFFERED BY OUR SERVICE PROVIDERS, PLATFORM CONTENT, OR ANY OTHER INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES MADE AVAILABLE TO YOU ON THE LEAGUE PLATFORM, OR WHICH YOU MAY ACCESS FROM LEAGUE’S COMPUTER SYSTEMS OR IN ELECTRONIC COMMUNICATIONS SENT FROM US, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LEAGUE PLATFORM, AND OF ANY SERVICES PROVIDED TO YOU BY OUR SERVICE PROVIDERS, IS AT YOUR SOLE RISK.
AS IT RELATES TO THE LEAGUE PLATFORM, THE LEAGUE SERVICES, AND ALL PLATFORM CONTENT, LEAGUE DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS, CLAIMS, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN, FUNCTIONALITY, QUALITY, OR OPERATION OF THE LEAGUE PLATFORM, OR OF THE LEAGUE SERVICES, OUR SERVICE PROVIDERS, OR ANY PLATFORM CONTENT OR OTHER INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES THAT YOU MAY ACCESS ON THE LEAGUE PLATFORM, OR AS TO THE UTILITY OR EFFICACY OF ANY SERVICE, OR ANY INFORMATION PROVIDED TO YOU THROUGH THE LEAGUE PLATFORM, OR THAT ANY SERVICES YOU MAY HAVE ACCESS TO THROUGH THE LEAGUE PLATFORM WILL BE APPROPRIATE OR SUITABLE FOR YOU TO USE.
11) LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LEAGUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE LEAGUE PLATFORM, LEAGUE SERVICES, PLATFORM CONTENT, ANY ACTIONS TAKEN OR NOT TAKEN BY OUR SERVICE PROVIDERS, OR ANY OTHER INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES MADE AVAILABLE TO OR OTHERWISE ACCESSIBLE YOU ON THE LEAGUE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE), EVEN IF LEAGUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL LEAGUE’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS, THE LEAGUE PLATFORM OR THE USE THEREOF, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO ACCESS THE LEAGUE PLATFORM AND (II) FIVE HUNDRED CANADIAN DOLLARS.
SOME JURISDICTIONS DO NOT PROVIDE FOR OR ALLOW FOR THE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES. IN THOSE JURISDICTIONS, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
12) WAIVER AND RELEASE
AS AN EXPRESS CONDITION OF BEING GRANTED ACCESS TO THE LEAGUE PLATFORM, YOU AGREE TO FOREVER AND IRREVOCABLY RELEASE AND HOLD HARMLESS LEAGUE AND THE LEAGUE TEAM FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ OR LEGAL FEES), EXCEPT FOR ANY MANDATORY STATUTORY RIGHTS THAT MAY NOT BE WAIVED, THAT MAY ARISE IN CONNECTION WITH: (A) YOUR USAGE OF THE LEAGUE PLATFORM, INCLUDING ANY PROGRAM OR ACTIVITY THAT YOU ACCESS ON THE LEAGUE PLATFORM, (B) YOUR USAGE OF ANY INTEGRATED DEVICES ON OR WITH THE LEAGUE PLATFORM FOR ANY PURPOSE; (C) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT OR THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY THIRD PARTY, INCLUDING OUR SERVICE PROVIDERS, WITH WHOM YOU INTERACT ON THE LEAGUE PLATFORM, (D) ANY INJURIES THAT YOU SUFFER AS A DIRECT OR INDIRECT RESULT OF YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN ANY PROGRAM, ACTIVITY, OR SERVICE THAT IS AVAILABLE TO YOU ON THE LEAGUE PLATFORM, (E) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF PROGRAMS, ACTIVITIES, OR SERVICES THAT ARE AVAILABLE TO YOU ON THE LEAGUE PLATFORM, (F) ANY INSTANCE OF HUMAN ERROR EITHER ON YOUR PART OR ON THE PART OF THE LEAGUE TEAM AND/OR OUR SERVICE PROVIDES, (G) TYPOGRAPHICAL OR PRINTING ERRORS IN THE RULES, INSTRUCTIONS, OR MANUALS THAT ACCOMPANY ANY OF THE PROGRAMS AND ACTIVITIES THAT YOU ACCESS ON THE LEAGUE PLATFORM, (H) INCORRECT OR INACCURATE TRANSCRIPTION, TRANSMISSION, OR RECEIPT OF ANY DATA OR ENTRY OF INFORMATION TO OR FROM THE LEAGUE PLATFORM OR OUR WEBSITE, (I) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF OUR WEBSITE OR ANY TELEPHONE NETWORK, COMPUTER SYSTEM, COMPUTER ONLINE SYSTEM, COMPUTER TIMING AND/OR DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY YOU, (J) INTERRUPTION OR INABILITY TO ACCESS THE LEAGUE PLATFORM, OUR WEBSITE, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS OR TO OUTAGES OR MALFUNCTIONS DUE TO REASONS BEYOND LEAGUE’S CONTROL, OR (K) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS THAT ADVERSELY AFFECT YOUR ABILITY TO ACCESS THE LEAGUE PLATFORM.
13) INDEMNIFICATION
You agree to defend League against, and you will indemnify and hold League and its affiliates, and its and their successors, assigns, and respective directors, officers, shareholders, employees and agents, harmless from and against all losses, costs, damages, expenses and liabilities (including reasonable legal fees and court costs) which may be suffered or incurred by League or its affiliates arising out of or related to, all claims, suits, proceedings, or demands concerning: (i) your use of the League Platform or any League Services; (ii) all Personal Content you upload to the League Platform; (iii) your use and/or receipt of services from a Service Provider; (iv) your non-compliance with these Terms; and (v) your breach of a Service Provider Agreement or a Third Party Device Agreement.
14) DISPUTE RESOLUTION
To the fullest extent permissible by law, you and League agree that any dispute or claim arising from or relating to these Terms will be finally settled by final and binding arbitration conducted in the English language and administered by the American Arbitration Association under its Consumer Arbitration Rules (“AAA Rules”) then in effect. You can find an up-to-date copy of the AAA Rules here. All arbitration proceedings between you and League, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with the AAA Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. To the fullest extent permissible by law, any arbitration under these Terms will take place on an individual basis and not as part of a class, consolidated or representative action or arbitration. If for any reason a dispute or claim against League proceeds in court outside of arbitration, you understand that by agreeing to these Terms, you and League are each waiving the right to a trial by jury (which you may otherwise be entitled by law to demand). Notwithstanding the foregoing, each party will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by an arbitrator.
15) NOTICES AND ELECTRONIC COMMUNICATION
Through the League Platform, you will have the ability to send and receive emails, text messages, and other communications electronically from your desktop computer, mobile phone, and other personal device. You consent to the receipt of electronic communications from League, including e-mails, text messages, mobile push notifications, and notices and messages that may be sent to you containing relevant information about the League Platform or your account. You can and are encouraged to retain records of all electronic communications you receive from us. You agree that all agreements, amendments, notices, disclosures, and other communications that League provides to you electronically have the same legal effect as if communicated to you in writing on paper to the fullest extent possible.
16) TERRITORIAL RESTRICTIONS
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. The League Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the League Platform, or any information, materials, content or feature thereof, to any person, geographic area or jurisdiction, at any time and in our sole and absolute discretion.
17) NO THIRD-PARTY BENEFICIARY
These Terms are strictly between you and League and are not with any other parties, including the rest of the League Team, any of our Service Providers, or any other User. You agree and acknowledge that there are no third-party beneficiaries under these Terms and that these Terms do not and will not be construed so as to confer a benefit or value of any kind onto a third party.
18) UPDATES
We reserve the right to update, modify, and change these Terms, our Privacy Policy, or any feature, aspect, or component of the League Platform, at any time in our sole and absolute discretion. We will notify you of any updates to these Terms or in the event of any material changes in the functionality of the League Platform. Your continued usage of the League Platform means that you accept and consent to any such changes, updates, and/or modifications. Any updated version of these Terms supersedes all past versions. If any of provisions of these Terms are deemed invalid, void, or unenforceable by a court of competent jurisdiction, such provisions shall be severable and will not affect the validity and enforceability of these Terms as a whole.
Past versions of these Terms can be found here.
LEAGUE
Additional Terms Applicable to Specific Services
Your use of the League Platform is, depending on the nature of your subscription, also subject to the following additional terms of service, as applicable.
1. DIGITAL WALLET
Digital Wallet is how we organize information about employer-sponsored benefit plans that are administered on the League Platform for enrolled Users, and is the place where you’ll find information about your insurance coverage, drug and dental benefits, health and lifestyle spending account balances, and other benefit plan details.
Different coverage levels may apply to your employer-sponsored benefit plan depending on its terms and applicable laws. You must contact your employer for information and to answer any questions you have regarding your benefit plan coverage. League is not responsible for and has no ability to determine applicable coverage levels under an employer-sponsored benefit plan.
If you are enrolled in a benefit plan, you may be able to electronically submit claims for reimbursement of expenses through the League Platform. Claims for reimbursement will be reviewed and administered by someone from the League Team. You are responsible for retaining all original receipt(s), documentation, and other materials and information necessary to support your claim for reimbursement for twelve (12) months following the date of your claim submission(s) or for such other longer period as may be required under applicable law. Someone from the League Team may contact you in connection with your claim should any questions or issues arise. Your failure to respond promptly to any communications with such individuals may delay processing of your claim and/or result in the denial of your claim.
Your claim for reimbursement may be denied if the claim is for an ineligible expense under your benefit plan or if you provide false, incomplete, or misleading information. For each claim for reimbursement that you submit, you represent, warrant, and certify that all of the data, information, and documents included within the claim is true and accurate. The intentional submission of false or fraudulent claims for reimbursement under your benefit plan may result in civil and criminal penalties up to and including criminal prosecution.
You may dispute any claim for reimbursement that you believe has been wrongly denied by submitting a request for reconsideration through your account on the League Platform. Upon receiving a request, your claim will be reopened for reconsideration, if warranted. You may be requested or required to provide supplemental documentation, including original receipts or invoices (as opposed to copies or scans), in order to support your claim and demonstrate your eligibility for reimbursement. If requested, you will be responsible for producing all original receipts or other documents within a reasonable time period that we specify. If you fail to provide original documents when requested to do so, we reserve the right to deny any claim for reimbursement as unsupported and to demand the return of any amounts that have already been paid to you for such claim or, at our option, to offset the amount against any future claims for reimbursement that you make. In the event of repeated violations of your obligation to provide supporting documentation when requested, we reserve the right to disable submission of your claims through the League Platform and notify your plan sponsor.
You have the option of linking your personal bank account for the purpose of receiving any payments or reimbursements owed to you under your benefit plan. You are solely responsible for ensuring the accuracy of all personal bank account information that you provide to us and for updating any information that has changed or is no longer up to date. League will not be responsible or liable to you for any electronic payments or reimbursements that are made to a bank account that you provided to us in error or no longer have access to or control.
In order to receive payments or reimbursements from your benefit plan directly into your personal bank account, you expressly authorize League, on behalf of your employer, to: (i) submit your personal bank account information to the financial institution that will handle and process payments and reimbursements to you under your benefit plan; and (ii) instruct the financial institution to electronically credit your personal bank account for all payments or reimbursements to which you are entitled under your benefit plan (or, if necessary, electronically debit your personal bank account to correct or reverse any erroneously applied credits) in accordance with your plan’s terms and conditions.
You understand and acknowledge that your authorization will remain in force and effect unless and until revoked by you including by deleting or unlinking your personal bank account from your account on the League Platform, by canceling or terminating your account on the League Platform, or by withdrawing from your employer-sponsored benefit plan. It may take up to five (5) business days to process your request to revoke your authorization, and during this time League may continue making electronic payments or reimbursements under your benefit plan to your personal bank account.
2) HEALTH PROGRAMS
Health Programs on the League Platform consist of a sequence of activities designed to further a different health objective, such as nutrition, diet, exercise, physical or mental fitness, mindfulness, or general wellbeing.
It is your responsibility to seek the advice of a licensed physician or health care professional before commencing or participating in any Health Program involving physical activity, exercise, routines, programs, and/or the use of any equipment, machines, or devices. It is your further responsibility to ensure when performing or undertaking any activity included as part of a Health Program, you will not exceed your physical or mental limits, and that you will select the appropriate level and difficulty of activity for your skills and abilities, or for any mental or physical conditions and/or limitations that you might have.
As a condition of participating in a Health Program, you represent and warrant that you understand that physical exercise can involve strenuous physical movement, and that such activity carries the inherent risk of injury, whether physical or mental. You further understand that you must ultimately judge your own physical and mental capabilities for such activities.
Not every Health Program or activity may be suitable for you or your abilities. Your participation in a given Health Program is purely voluntary and solely at your own risk. Neither League nor any member of the League Team will have any liability to you for any harm, injury, damages, or loss that you or any other person or property may sustain as a result of your participation in a Health Program.
YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE ARISING OUT OF YOUR PARTICIPATION IN HEALTH PROGRAMS, AT ANY TIME AND FOR ANY REASON, AGAINST LEAGUE OR ANY MEMBER OF THE LEAGUE TEAM, INCLUDING WITHOUT LIMITATION OUR DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES. YOU AGREE THAT LEAGUE AND THE LEAGUE TEAM HAVE NO LIABILITY TO YOU WHATSOEVER FOR OFFERING YOU THE HEALTH PROGRAMS AND LEAGUE EXPRESSLY DISCLAIMS ALL SUCH LIABILITY TO YOU.
3) CHALLENGES
With Challenges, Users can compete with one another across a common set of tasks or activities to earn leaderboard points. At the end of the Challenge, the User with the most points will be declared the winner. Challenges may in some cases be structured around a Health Program or a series of health activities.
We will be able to verify your completion of some activities, but not others. It is your obligation to truthfully report the completion of activities that cannot be verified. We reserve the right to make any adjustment to a User’s total of leaderboard points that is in necessary or warranted. We will have no liability to you or to any other User for the incorrect awarding of leaderboard points or for making any adjustments to the number of leaderboard points awarded to you or to any other User.
Leaderboard points awarded through Challenges are strictly non-monetary, have no cash or cash equivalent value, and cannot be redeemed either in whole or in part for cash or some other form of money either inside or outside of the League Platform. Leaderboard points are awarded solely for determining the outcome of a Challenge. You have no property or legal rights of any kind in any awarded leaderboard points.
We intend for Challenges to be strictly for the enjoyment of participating Users and for every participant to have a fair chance at winning. Any cash or other prizes that may be awarded to winners of Challenges are entirely at the discretion of the Challenge organizer, such as your employer. We do not design the structure of Challenges nor decide whether or not prizes will be offered to the winners. If you have concerns relating to the design of a Challenge or believe that you have been unfairly excluded from the chance to win a prize, you must bring these to the attention of the Challenge organizer. League will have no liability to you for any loss or injury suffered as a result of your inability to equally participate in a Challenge and be eligible to win prizes.
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